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2025 DAILYLAW 76931 (KAR)

THE MANAGER v. HANUMANTHRAJU K N

MFA/4302/2025 · 2025-09-13

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR & SMT.ARCHANA.K.M., MEMBER M.F.A.No.4302/2025 (MV- I) (Lok Adalat No.6938/2025) C/W M.F.A.No.6604/2025 (MV- I) (Lok Adalat No.6939/2025) IN MFA NO.4302/2025 BETWEEN: 1. THE MANAGER BRANCH OFFICE, FUTURE GENERAL INSURANCE CO. LTD., 2ND FLOOR, PLOT NO.18, 17TH CROSS, M.C. LAYOUT, NEAR MARUTHI MANDIR TEMPLE VIJAYANAGAR, BANGALORE - 560040 NOW REP BY ITS LEGAL MANAGER FUTURE GENERALI INDIA INSURANCE CO LTD., 3RD AND 4TH FLOOR, SHRAVANEE KRISHNA MANSION 2 100 FEET ROAD, 2ND BLOCK, JAYANAGARA BANGALORE - 560011 …APPELLANT (BY SRI. B.PRADEEP, ADVOCATE) AND: 1. HANUMANTHRAJU K N S/O NAGARAJU, AGED ABOUT 31 YEASR, R/AT VADDARAKUPPE VILLAGE, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT - 572130 2 . VENKATESHRAJU S/O CHIKKAMUTTURAJU, R/AT VADDARAKUPPE BHAKTARAHALLI POST, KORATAGERE HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT - 572130. …RESPONDENTS (BY SRI.B.CHANDRASHEKHARAIAH ADVOCATE ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.05.2025 PASSED IN MVC NO. 3263/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.11,99,591/- WITH INTEREST AT 6 PERCENT P.A. ON RS.7,09,991/- FROM 22.10.2024 TOWARDS COMPENSATION. 3 IN MFA.NO.6604/2025 BETWEEN 1 . SRI HANUMANTHARAJU.K.N S/O NAGARAJU NOW AGED ABOUT 31 YEAR RESIDING AT VADDARAKUPPE VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK, TUMAKUR DISTRICT-572 120 ..Appellant (By SRI. B CHANDRASHEKHARAIAH ADVOCATE) AND 1 . MR. VENKATESHRAJU S/O CHIKKAMUTTURAJU MAJOR (AGE OF R-1 NOT KNOWN TO APPELLANT) RESIDING AT VADDARAKUPPE BHAKTARAHALLI POST KOTHAGERE HOBLI KUNIGAL TALUK, TUMAKUR DISTRICT-572 120 2 . FUTURE GENERAL INDIA INSURANCE COMANY LTD 2ND FLOOR, PLOT NO. 18, 17TH CROSS, M.C.LAYOUT, NEAR MARUTHI MANDIR TEMPLE VIJAYANAGARA BENGALURU-560 040 BY ITA MANAGER . Respondents (BY SRI.B PRADEEP ADVOCATE FOR R-2 ) 4 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.05.2025 PASSED IN MVC NO. 3263/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Respondents - Claimants are present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present in both the cases. 2. After prolonged negotiations, the matters are settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondents - claimants have agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh Fifty Thousand only) as against Rs.11,99,591/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. 5 3. The Appellant - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5. Accordingly, the Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.4302/2025 and the connected M.F.A. No.6604/2025 is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER RCK/-